Final answer:
In U.S. history, the role of determining the constitutionality of laws has shifted, with early instances like the Virginia and Kentucky Resolutions suggesting state legislatures' involvement but ultimately recognizing the importance of the judicial branch, as solidified by Marbury vs. Madison.
Step-by-step explanation:
The question deals with the constitutionality of laws and the role of the legislature in deciding it. The matter is rooted in the relationship between state and federal powers. History shows a long-standing debate over who should have the final say in determining the constitutionality of federal laws. Notably, the Virginia and Kentucky Resolutions of 1798 questioned the constitutionality of the Alien and Sedition Acts, encouraging states to assert their rights, although ultimately suggesting that the judicial branch, rather than the states, should be responsible for such decisions. Furthermore, the landmark Marbury vs. Madison case established that acts of the legislature that are repugnant to the Constitution are void, reinforcing the role of the judicial system in constitutional review.
Moreover, the U.S. Constitution plays a central role in this dynamic, sometimes granting more power to the states and at other times to the federal government, depending on the Supreme Court's interpretation of it, especially regarding policies like marijuana use or same-sex marriage. Importantly, while the Constitution provides for the Supreme Court and a federal judiciary, it is silent on the distribution of power within states, leaving that decision to the states' own constitutions and laws.